Theme: Crimes & Violence

Women’s Right to Take Possession of the Dowry

If dowry has been given or taken at or after your wedding and the same is received by your husband or in-laws or any other person, they have to hand it over to you as it is your property.

You have a right to any property given as dowry to your husband and his family.

There is a duty on a person who receives the dowry, to hand it over to the bride itself.

If you fail to do so, you can be punished with jail time anywhere between 6 months to two years and/or fine between Rs. 5,000 and Rs. 10,000.

There are different guidelines on this based on when the property was received by your husband or in-laws.

For Example, Raj and Simran get married on August 20th. Simran’s father has given a new house as dowry to Raj’s uncle, Aman in connection with the marriage. In this case, Aman must give it to Simran otherwise he will be punished under the law.

  • If the property was received before the wedding, then Aman must give it to Simran within 3 months of the wedding (before 20th November)
  • If the property was received on the day of the wedding or after, then Aman must give it to Simran within 3 months from the date on which he received it.
  • If Simran was below 18 at the time of her wedding, then Aman must give the car to Simran within 3 months of her turning 18. Aman must keep it in trust for her till she turns 18.

If you die before taking possession of the dowry/property, then your heirs can claim it from your husband or in-laws.

If you die within 7 years of the marriage, then the property will be transferred to your children. It will be held in trust for them until they are 18. If you have no children, the property will go to your parents.

Theft of Electricity

Theft of electricity happens when someone tampers meters, damages electric meters or equipment, etc.(( Section 135, The Electricity Act, 2003.)).

Punishment for Theft of Electricity

  • The punishment for theft of electricity is jail time of up to 3 years and/or a fine.
    • If the amount of electricity stolen does not exceed 10 kilowatt, then the fine on first offence will be at least 3 times of the financial gain caused by the theft, and it will be 6 times on every subsequent conviction.
    • In case the amount stolen exceeds 10 kilowatts, then one may be punished with jail time between 6 months and 5 years, in addition to a fine. In this case, one will also be debarred from getting any supply of electricity for a period between 3 months and 2 years.
  • The suppliers of electricity can cut off the supply of electricity if a consumer is found guilty of theft of electricity, without issuing a notice, and this supply will be restored only once the consumer has paid a fine and compensated the supplier(( MP Electricity Board v. Harsh Wood Product.)).

Complaining about Theft of Electricity

To report theft of electricity, you should approach the respective electricity providing board/corporation in your state. For example, for Delhi, you can lodge a complaint with BSES Rajdhani, you can use WhatsApp to submit information related to the problem at 9555010022. Read more here to see how to file a complaint with BSES Rajdhani.

Punishment for Ragging

If any student is caught ragging another student, he or she can be punished. Additionally, the punishment can be in the form of:

  • Administrative actions against the student – For example, suspension from the college, suspension from the hostel, etc.
  • Police complaint against the student – If a complaint or FIR is filed against the student, then a case can be made under the Indian Penal Code, 1860 (IPC) which will lead to more serious charges, like jail time or a fine.

Administrative Punishments

If you are caught ragging, the Anti-Ragging Committee can punish you with(( Section 9.1, the UGC Regulations On Curbing The Menace Of Ragging In Higher Educational Institutions, 2009.)):

  • Suspension from attending classes and academic privileges.
  • Withholding/withdrawing scholarship/fellowship and other benefits.
  • Debarring you from appearing in any test/examination.
  • Withholding results.
  • Debarring you from representing the college in any regional, national or international meet, tournament, youth festival, etc.
  • Suspension/expulsion from the hostel.
  • Cancellation of admission.
  • Rustication from the college for a period ranging from one to four semesters.
  • Expulsion from the college and consequent debarring from admission to any other college for a specified period.

Police Complaint

In more serious cases of ragging,(( Section 7, the UGC Regulations On Curbing The Menace Of Ragging In Higher Educational Institutions, 2009.)) if an FIR or police complaint is filed, the student may be punished under the Indian Penal Code, 1860 (IPC). Some of the acts that are punishable under the IPC are:

Physical Abuse 

Ragging may include subjecting a student to physical abuse and violence. Some instances are:

  • If a person intentionally hurts someone,(( Section 321, the Indian Penal Code, 1860.)) he can be punished with jail time of up to 1 year and/or a fine up to Rs. 1000.(( Section 323, the Indian Penal Code, 1860.)) For example, punching a student or kicking a student.
  • If someone intentionally causes someone grievous hurt,(( Section 322, the Indian Penal Code, 1860.)) he can be punished with jail time of up to 7 years and a fine.(( Section 325, the Indian Penal Code, 1860.)) For example, beating up a student which results in fractures or injuries.
  • If someone intentionally uses any kind of force on someone without that person’s consent which may cause an injury, fear or annoyance,(( Section 350, the Indian Penal Code, 1860.)) he can be punished with jail time of up to 3 months and/or a fine up to Rs. 500.(( Section 352, the Indian Penal Code, 1860.)) It is punishable. For example, pushing a student onto the road to scare him or locking a student in a room for days.

Sexual Abuse

If someone sexually abuses a student while ragging them, it is an offence. For example, if someone touches a woman sexually and forcefully, or harasses her, or stalks her, it is an offence. Read more here.

Restricting Movement 

Ragging may include restricting the movement of a student or locking him up. Some instances are:

  • It is an offence if someone voluntarily obstructs a person so he is not able to move in a certain direction.(( Section 339, the Indian Penal Code, 1860.)) For example, not letting a student come to the college canteen by obstructing his way. The punishment for this is jail time of up to 1 month and/or a fine of Rs. 500.(( Section 341, the Indian Penal Code, 1860.))
  • It is an offence if someone voluntarily restrains a person so that he is not able to move beyond a certain limit (i.e. locking him up).(( Section 340, the Indian Penal Code, 1860.)) For example, if a student ties up another student to a tree, it can be considered a crime under this law. The punishment for this is jail time of up to 1 year and/or a fine up to Rs. 1000.(( Section 342, the Indian Penal Code, 1860.))

Blackmail 

Ragging may include subjecting a student to blackmail and intimidation. Some instances are:

  • Scaring someone or threatening to hurt him to make him give something of value.(( Section 383, the Indian Penal Code, 1860.)) For example, Ram threatens Shyam that unless Shyam gives him money, Ram will publish defamatory material about him, and so Shyam gives him money. Thus, Ram has committed this offence. The punishment for this is jail time up to 3 years and/or a fine.(( Section 384, the Indian Penal Code, 1860.))
  • Threatening someone, his reputation, his property or anything else the person is interested to make him or not make him do something or alarm that person.(( Section 503, the Indian Penal Code, 1860.)) For example, if Ram threatens Shyam that unless Shyam gives him money, Ram will burn his house, and because of this Shyam gives him money, Ram has committed this offence. The punishment for this is at least jail time of up to 2 years and/or a fine.(( Section 506, the Indian Penal Code, 1860.)) The punishment may be more severe in other cases.

However, please note it is ragging even if someone attempts or threats to commit any of these acts. Additionally, you can also complain on someone else’s behalf. Learn more here on how to complain against ragging.

Who can file a Complaint?

[Trigger Warning: The following content contains information on physical violence which some readers may find disturbing.] 

The complaint can be filed by:

  • The survivor of the acid attack
  • A relative, friend or acquaintance
  • Any person who has witnessed the crime
  • Any person who knows such an attack is going to happen

The first point of contact for anyone who wants to complain about the crime is the police. It is not necessary that you must have all the information about the crime in order to file an FIR (First Information Report). But it is important that you report everything you know to the police. You can find out more about how to file an FIR here.

An FIR in itself is not a criminal case filed against someone. It is just information received by the police relating to the commission of a crime. A criminal case begins when the charge sheet is filed by the police before the court and a Public Prosecutor is appointed by the State.

Child Pornography

Portfolio Keyphrase: Child pornography

Tags: Abuse, Violence, Crime, Children, Media, Explainer

[Trigger Warning: The following content contains information on sexual and physical violence which some readers may find disturbing.]

The law can punish any person who uses children in any form of media (advertisements, internet, printed form, etc.) for sexual gratification. This includes(( Section 13, The Protection of Children from Sexual Offences Act, 2012.)):

  • Representing a child’s sexual organs
  • Using children in real or simulated sexual acts
  • Indecent or obscene representation of children.

It is a crime to involve a child in recording, preparing, offering, publishing, or distributing pornographic material. It is not necessary that the child must be used only for the above activities. It is child pornography even if someone uses a child in making porn in any other way. For example, if a person is involved in editing, selling, or distributing child porn, or any other related activity it would amount to child pornography.

The punishments for child pornography may vary according to the extent of the involvement of the child and the nature of the crime.(( Section 14, The Protection of Children from Sexual Offences Act, 2012.))

Crime Punishment
Using a child for pornographic purposes First offence – Jail time of at least five years and a fine

Subsequent offences – Jail time of at least seven years and a fine
Storing or having child pornographic material for displaying or distributing it Jail time of up to three years and/or a fine
Storing or having child pornographic material for commercial purposes First offence – Jail time of three to five years and/or a fine

Subsequent offences – Jail time of five to seven years and a fine

If any person knows about such pornographic material then they must report the same to the local police or Special Juvenile Police Unit or the cybercrime portal (cybercrime.gov.in).1

  1. Rule 11, Protection of Children from Sexual Offences Rules, 2020. [↩]

Marital Rape

[Trigger Warning: The following content contains information on physical violence and sexual violence which some readers may find disturbing.]

Indian law does not criminalise marital rape. The law does not punish a husband for having forcible sexual intercourse with his wife without her consent, unless she is below eighteen years of age (a minor).(( Independent Thought v. Union of India, (2017) 10 SCC 800.))

So, any sexual intercourse or sexual acts by a man with his adult wife is not rape.  However, this does not apply if a woman is living separately from her husband. If a couple is married, but living separately, then the husband is guilty of rape if his wife does not consent to sexual intercourse. In this case, the punishment for the husband is imprisonment between two and seven years, along with a fine.(( Section 376B, Indian Penal Code, 1860.))

Though the law does not punish marital rape, a woman can get relief under the Domestic Violence Act, 2005. This law criminalises sexual abuse, including any behaviour of a sexual nature that abuses, humiliates, degrades or violates the dignity of a woman.(( Section 3, Domestic Violence Act, 2005.)) To know more about the rights of a woman against domestic violence, read here.

Abusive Language and Photoshopping

If someone uses abusive language against you online or photoshops your image into content which is abusive or sexually coloured, that person can be punished(( Section 67, Information Technology Act, 2000.)) under the law. The abusive language or picture or video should:

  • Relate to a feeling or revealing of a sexual interest or sexual desire against you or;
  • Relate to any excessive interest in sexual matters or;
  • Relate to content which would deprave or corrupt you, if you read or saw it online, like pornography.

The punishment for the first conviction is jail time up to three years and a fine up to five lakhs and for the second conviction, a jail term which may extend to five years and a fine up to rupees ten lakhs. 

What are Sexual Gestures?

[Trigger Warning: This explainer contains information on physical violence, sexual violence, abuse and slurs which some readers may find disturbing.]

If anyone makes any sexual gestures that are insulting and sexual in nature, it is a crime. Under the law, only a man can be punished for the crime.(( Section 354A, Indian Penal Code, 1860)) 

Some examples of sexual actions and gestures are, when a person:

  • Inappropriately touches themselves while looking at someone.
  • Makes gestures such as flying kisses, whistling or gesturing to someone’s body.(( State v. Mohd Zahir, District Court, Delhi, SC No. 103/13, Order dated: 08.10.2013; Yogendra Nath v. Commissioner Kendriya Vidyalaya Sangathan ILR (2014) 2 Delhi 1428.))
  • Undressing in front of a person and showing sexual gestures, even after the person has clearly expressed disinterest and discomfort.

The punishment for making sexual gestures is jail time between minimum one year and maximum five years along with a fine.(( Section 354, Indian Penal Code, 1860.))

Rape of LGBTQ+ Persons

When a man has sexual intercourse with you, without your consent, it is considered to be rape under the law.

Currently, under the law, only women or trans women can be victims of rape or sexual violence and can only file it against a man.

If you are a man/trans man who was forced to have sexual intercourse, you will not be able to file a complaint for rape or any other form of sexual violence. Instead, your alternative will be to file a complaint stating that you were hurt or injured.

Rape and Gang Rape

  • If you want to file a complaint against anyone who has committed the act of rape, you will have to file an FIR with the police with the help of Section 375/376 of the Indian Penal Code, 1860.
  • If the act of rape has been committed by a group of people, each of them will be punished for committing the crime of gang rape. You will have to file an FIR with the help of Section 376D of the Indian Penal Code, 1860.

Rape by a Person of Authority

If a man has some form of control over a woman because of his position or job, and uses this control to forces her have sex with him, it is the crime of rape under the law.  For example, if a male police officer rapes you while you are in custody, then you have a right to complain against the officer and file an FIR.

Some of the persons of authority include public servants or jail staff or on the management of the hospital, etc. You will have to file an FIR with the help of Section 376 of the Indian Penal Code, 1860.

It does not matter if you don’t know the details of the person who raped you. You should still file a complaint so that the police can carry out an investigation to prevent him from committing the same crime again. You can also file a complaint against a family member, teacher, etc. who has raped you. You can request someone else to file the FIR on your behalf also. If the police does not register your FIR, read this to understand the alternative steps you can take.

Who can seek Protection against Domestic Violence?

[Trigger Warning: The following content contains information on domestic violence which some readers may find disturbing.]

Any woman can file a complaint and seek protection against domestic violence under the law, for herself and her child/children. The religion of the woman does not matter(( Mr. Ali Abbas Daruwala vs. Mrs. Shehnaz Daruwal  2018 (3) RCR (Criminal) 106.)) i.e. any woman, regardless of her religion or caste, can file a complaint against domestic violence.

Please keep in mind that if you decide to go to Court, you need to make sure that you had a domestic relationship and a shared household with the harasser. You can complain and seek protection in the following circumstances:

If you are married

If you are married, and are facing domestic violence from your husband or in-laws, you can file a complaint against them.

If you are divorced

If you are divorced, then depending on the facts of the case, you may or may not be granted protection and relief. Some situations are:

  • If you face violence before the divorce, you can file a complaint, as you had a domestic relationship with your husband/in-laws at the time the violence took place.(( Juveria Abdul Majid Patni v. Atif Iqbal Mansoori (2014) 10 SCC 736.))
  • If you face violence after the divorce, you will have to prove that a domestic relationship was existing between you and the harasser at the time when the domestic violence took place. In some cases, even if you cannot prove the domestic relationship, the Court may hear you out. For example, if you and your husband continued to take care of your child together after getting divorced,  and you faced harassment in the course of that.
  • If you have initiated divorce proceedings at some point, but did not end up getting divorced, you can file a complaint if you face any domestic violence.(( Prakash Nagardas Dubal-Shaha v. Meena Prakash Dubal Shah (2016) 13 SCC 277.))

If you have deserted your husband

If you have left your husband because he was subjecting you to domestic violence, by beating you, verbally abusing  you, etc., you can file a complaint against him for domestic violence. If you have left your husband for any other reason, then you cannot file a case. For example, if you left your husband because you wanted to live with another man, or because you wanted to live alone, then you cannot file a complaint under this law.(( Sejal Dharmesh Ved v. The State of Maharashtra and Ors. 2014 ALL MR (Cri) 636.))

If you are judicially separated

If you are judicially separated from your husband and you have faced domestic violence from him or your in-laws either before or after the separation order, you can file a complaint against the harassers.(( Krishna Bhatacharjee v. Sarathi Choudhury (2016) 2 SCC 705.))

If you are in a live-in relationship: 

If you are in a live-in relationship, you can file a complaint against your partner if you face domestic violence.(( Velusamy v. D. Patchaiammal (2010) 10 SCC 469.)) In some cases, you can also file a complaint if you are now separated but faced violence when you were still with your partner.(( Reshma Begum v. State of Maharashtra & Anr. 2018 SCC OnLine Bom 1827.))

If you are a widow

If you continue to live with your in-laws after the death of your husband, it is viewed as a domestic relationship, as your relationship with your in-laws does not come to an end with the death of your husband. In such a case, if you face domestic violence, you can file a complaint against your in-laws.(( Jitendrabhai Bhikhabhai Bhambaniya  v. State of Gujarat, Criminal Revision Application/271/2016, Gujarat High Court.)) For example, if you are a widow who is being harassed by her mother-in-law, you can file a complaint against her.

Some states provide handbooks for ASHA workers where you can find more information on forms on violence and how to file a complaint to seek protection against domestic violence. For example, see this handbook published for ASHA in Chattisgarh, Delhi, Jharkhand, Madhya Pradesh and Uttarakhand.